Times Staff / ERIC HARTLINEChristine Rivero is led out of Collingdale court after being charged with 3rd degree murder of her 11-month old son, Niccolo Varner from his death in July.

COLLINGDALE -- Even the county's top cop was "shocked" to learn that an 11-month-old borough boy's death in July was the result of heroin intoxication.

Delaware County District Attorney Jack Whelan said at a press conference this morning that he expected the medical examiner to reveal Niccolo Varner had drowned or suffocated, especially after investigators determined his mother had put him and an older sibling in a bathtub and then left them "to meet up with a friend and do a bag of heroin."

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Announcing third-degree murder and related offenses against Christine Rivero in her son's death, Whelan said, "This child had died long before he got to the hospital" on the morning of July 15, when police and paramedics were summoned to the family home on Lincoln Avenue.

Rivero, who is being held at the county prison without bail, told authorities early on in the investigation that she never left the boys unattended in the bathtub at about 11 p.m. on July 14.

"That was not true," Whelan said.

Court document indicate Rivera later recanted, stating she did leave the boys alone for about 4 minutes.

According to the Delaware County Medical Examiner's report, the 19-pound, 28-inch long boy "ingested" the heroin the night of July 14.

The probable-cause affidavit states Rivero instructed her 5-year-old son to watch his younger brother while they were in the tub. She then "went to the rear of the yard, to the garage area, and (snorted) heroin."

While she was outside, 5-year-old Luciano came and got her, saying that Niccolo had fallen in the tub and struck his head," the probable-cause affidavit states.

Rivero reportedly removed Niccolo from the tub, dried him and after putting him in a playpen, put him in a walker for 45 minutes, and then put him in bed. The affidavit states Rivero wanted to keep the child awake in case he suffered a concussion in the bathtub fall.

On the morning of July 15, Rivero reportedly found Niccolo unresponsive in his playpen.

"She screamed, waking her fiancé," the affidavit states. It was then police were called.

Though the boy's father and another adult were in the home at the time, Whelan said, Rivero "had control and custody" of Niccolo Varner at the time of his fatal injury.

Investigators do not know how the child obtained the heroin, and exactly how much of the drug he ingested is pending a full report from the medical examiner, Whelan said.

Breastfeeding has been ruled out as a potential the means of ingestion.

When asked if she had any comment, Rivero politely whispered, "No, ma'am."

UPDATE: Police in Collingdale will hold a morning press conference to discuss the case of the death of an 11-month-old toddler due to "acute heroin intoxication."

A press conference will be held at 10 .m. at the Collingdale Police Station concerning the death of 11-month-old Niccolo Varner. Police are expected to file charges against the tot's mother.

Christine Rivero, 29, of the 200 block of Lincoln Avenue in Collingdale will be charged with: third degreee murder, criminal homicide, involuntary manslaughter, aggravated assault and engandering the welfare of children.

COLLINGDALE -- The mother of an 11-month-old borough boy who died in July after ingesting heroin will be charged Friday in connection with his murder, authorities said late Thursday.

Christine Rivero, of the 200 block of Lincoln Avenue, was detained overnight at Collingdale police headquarters, following an exhaustive interview with borough and county detectives throughout much of the day Thursday, Police Chief Robert Adams confirmed at press time.

Details regarding charges were not immediately available.

Detectives stepped up a homicide investigation since receiving word Tuesday from the Delaware County Medical Examiner's office that Niccolo Varner had died of "acute heroin intoxication."

A full autopsy was conducted by Delaware County Medical Examiner Dr. Fredric N. Hellman on July 17; both cause and manner of death were "pending further studies" at that time, according to a document released by the medical examiner's office.

On Wednesday, Adams said he received word Tuesday from the Delaware County Medical Examiner's Office that the death was ruled a homicide, the first for Collingdale and the 23rd for Delaware County this year.

The latest "Official Findings" document involving the baby's death was made public Wednesday night by the M.E.'s office.

According to the document, the boy measured about 28 inches long and weighed 19 pounds.

Early in the investigation, authorities described the boy's death as suspicious.

Niccolo Varner was pronounced dead in the emergency room at Mercy Fitzgerald Hospital at 8:40 a.m. -- 16 minutes after his mother reported to authorities that he was in respiratory distress.

According to the initial press release issued by Adams, police and emergency rescuers were dispatched to a Lincoln Avenue residence at 8:24 a.m. Sunday, July 15. When Officers Michael Callahan and Brian Neidelman arrived, they saw Collingdale medics exiting the back door of the residence carrying a child and performing CPR.

Adams stated that it was "due to the circumstances surrounding the time leading up to the child being found" that he requested the assistance of Delaware County Criminal Investigation Division detectives.

The release also indicated that the child's mother, identified as Christine Rivero, was being detained for investigation of alleged possession of drug paraphernalia, as well as questioning about her son. No charges were filed against Rivero at that time.

Prior to the emergency call, authorities said the boy was home with his parents, a sibling and an adult house guest.

According to Auslander, Varner was granted sole "physical custody" of Luciano on Aug. 24 after a series of petitions and court hearings addressing Luciano's removal from the family home by Children and Youth Services of Delaware County, immediately following his younger sibling's death.

"He stepped up and is doing the right thing," Auslander said Thursday afternoon of Victor Varner. "He's taken over parental responsibility of his son. His chief goal is the safety and welfare of his son ... His son is doing extremely well under his father's care."

Before the court permitted Luciano's return home to his father, the boy was in foster care. During that time, father and son were allowed supervised visits. Current legal custody of Luciano Varner remains with CYS.